Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 1148
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/12/2014 .
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the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (15) of section 1001.03, Florida
6 Statutes, is amended to read:
7 1001.03 Specific powers of State Board of Education.—
8 (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE
9 DEGREE PROGRAMS.—The State Board of Education shall provide for
10 the review and approval of proposals by Florida College System
11 institution institutions to offer baccalaureate degree programs
12 pursuant to s. 1007.33. A Florida College System institution, as
13 defined in s. 1000.21 which, that is approved to offer
14 baccalaureate degrees pursuant to s. 1007.33 remains under the
15 authority of the State Board of Education and the Florida
16 College System institution’s board of trustees.
17 Section 2. Subsections (1) and (2) of section 1001.60,
18 Florida Statutes, are amended to read:
19 1001.60 Florida College System.—
20 (1) PURPOSES.—In order to maximize open access for
21 students, respond to community needs for postsecondary academic
22 education and career degree education, and provide associate and
23 baccalaureate degrees that will best meet the state’s employment
24 needs, the Legislature establishes a system of governance for
25 the Florida College System.
26 (2) FLORIDA COLLEGE SYSTEM.—There shall be a single Florida
27 College System comprised of the Florida College System
28 institutions identified in s. 1000.21(3). A Florida College
29 System institution may not offer graduate degree programs.
30 (a) The programs and services offered by Florida College
31 System institutions in providing associate and baccalaureate
32 degrees authorized on or before March 31, 2014, and associate
33 degrees shall be delivered in a cost-effective manner that
34 demonstrates substantial savings to the student and to the state
35 over the cost of providing the degree at a state university.
36 (b)1. A With the approval of its district board of
37 trustees, a Florida College System institution may change the
38 institution’s name set forth in s. 1000.21(3) and use the
39 designation “college” or “state college” if it has been
40 authorized to grant baccalaureate degrees pursuant to s. 1007.33
41 and has been accredited as a baccalaureate-degree-granting
42 institution by the Commission on Colleges of the Southern
43 Association of Colleges and Schools.
44 2. With the approval of its district board of trustees, a
45 Florida College System institution that does not meet the
46 criteria in subparagraph 1. may request approval from the State
47 Board of Education to change the institution’s name set forth in
48 s. 1000.21(3) and use the designation “college.” The State Board
49 of Education may approve the request if the Florida College
50 System institution authorized to offer a baccalaureate degree on
51 or before March 31, 2014, must maintain enters into an agreement
52 with the State Board of Education to do the following:
53 1.a. Maintain as its primary mission responsibility for
54 responding to community needs for postsecondary academic
55 education and career degree education as prescribed in s.
56 1004.65(5).
57 2.b. Maintain an open-door admissions policy for associate
58 level degree programs and workforce education programs.
59 3.c. Continue to provide outreach to underserved
60 populations.
61 4.d. Continue to provide remedial education.
62 5.e. Comply with all provisions of the statewide
63 articulation agreement that relate to 2-year and 4-year public
64 degree-granting institutions as adopted by the State Board of
65 Education pursuant to s. 1007.23.
66 (c) A district board of trustees that approves a change to
67 the name of an institution under paragraph (b) must seek
68 statutory codification of such name change in s. 1000.21(3)
69 during the next regular legislative session.
70 (c)(d) A Florida College System institution may not use the
71 designation “university.”
72 Section 3. Section 1004.32, Florida Statutes, is repealed.
73 Section 4. Paragraph (f) of subsection (5), subsection (6),
74 and paragraph (d) of subsection (8) of section 1004.65, Florida
75 Statutes, are amended to read:
76 1004.65 Florida College System institutions; governance,
77 mission, and responsibilities.—
78 (5) The primary mission and responsibility of Florida
79 College System institutions is responding to community needs for
80 postsecondary academic education and career degree education.
81 This mission and responsibility includes being responsible for:
82 (f) Providing upper level instruction and awarding
83 baccalaureate degrees as specifically authorized by law.
84 (6) A separate and secondary role for Florida College
85 System institutions includes the providing of upper level
86 instruction, the awarding of baccalaureate degrees specifically
87 authorized by law, and the offering of programs in:
88 (a) Community services that are not directly related to
89 academic or occupational advancement.
90 (b) Adult education services, including adult basic
91 education, adult general education, adult secondary education,
92 and General Educational Development test instruction.
93 (c) Recreational and leisure services.
94 (8) Florida College System institutions are authorized to:
95 (d) Provide access to and award baccalaureate degrees for
96 the completion of baccalaureate degree programs that are
97 approved by the State Board of Education on or before March 31,
98 2014 in accordance with law.
99
100 Authority to offer one or more baccalaureate degree programs
101 does not alter the governance relationship of the Florida
102 College System institution with its district board of trustees
103 or the State Board of Education.
104 Section 5. Section 1007.33, Florida Statutes, is amended to
105 read:
106 1007.33 Site-determined baccalaureate degree access.—
107 (1)(a) The State Board of Education may not approve of a
108 Florida College System institution’s proposal to establish a new
109 baccalaureate degree program after March 31, 2014 Legislature
110 recognizes that public and private postsecondary educational
111 institutions play an essential role in improving the quality of
112 life and economic well-being of the state and its residents. The
113 Legislature also recognizes that economic development needs and
114 the educational needs of place-bound, nontraditional students
115 have increased the demand for local access to baccalaureate
116 degree programs. It is therefore the intent of the Legislature
117 to further expand access to baccalaureate degree programs
118 through the use of Florida College System institutions.
119 (b) For purposes of this section, the term “district”
120 refers to the county or counties served by a Florida College
121 System institution pursuant to s. 1000.21(3).
122 (2) A Any Florida College System institution that offers
123 one or more baccalaureate degree programs that are approved by
124 the State Board of Education on or before March 31, 2014, must:
125 (a) Maintain as its primary mission:
126 1. Responsibility for responding to community needs for
127 postsecondary academic education and career degree education as
128 prescribed in s. 1004.65(5).
129 2. The provision of associate degrees that provide access
130 to a university.
131 (b) Maintain an open-door admission policy for associate
132 level degree programs and workforce education programs.
133 (c) Continue to provide outreach to underserved
134 populations.
135 (d) Continue to provide remedial education.
136 (e) Comply with all provisions of the statewide
137 articulation agreement which relate to 2-year and 4-year public
138 degree-granting institutions as adopted by the State Board of
139 Education pursuant to s. 1007.23.
140 (f) Not award graduate credit.
141 (g) Not participate in intercollegiate athletics beyond the
142 2-year level.
143 (3) A Florida College System institution may not terminate
144 its associate in arts or associate in science degree programs as
145 a result of being authorized to offer one or more baccalaureate
146 degree programs. The Legislature intends that the primary
147 responsibility of a Florida College System institution,
148 including a Florida College System institution that offers
149 baccalaureate degree programs, continues to be the provision of
150 associate degrees that provide access to a university.
151 (4) A Florida College System institution may:
152 (a) Offer specified baccalaureate degree programs through
153 formal agreements between the Florida College System institution
154 and other regionally accredited postsecondary educational
155 institutions pursuant to s. 1007.22.
156 (b) Offer baccalaureate degree programs that were approved
157 by the State Board of Education on or before March 31, 2014
158 authorized by law prior to July 1, 2009.
159 (c) Beginning July 1, 2009, establish a first or subsequent
160 baccalaureate degree program for purposes of meeting district,
161 regional, or statewide workforce needs if approved by the State
162 Board of Education under this section.
163
164 Beginning July 1, 2009, the Board of Trustees of the St.
165 Petersburg College is authorized to establish one or more
166 bachelor of applied science degree programs based on an analysis
167 of workforce needs in Pinellas, Pasco, and Hernando Counties and
168 other counties approved by the Department of Education. For each
169 program selected, St. Petersburg College must offer a related
170 associate in science or associate in applied science degree
171 program, and the baccalaureate degree level program must be
172 designed to articulate fully with at least one associate in
173 science degree program. The college is encouraged to develop
174 articulation agreements for enrollment of graduates of related
175 associate in applied science degree programs. The Board of
176 Trustees of the St. Petersburg College is authorized to
177 establish additional baccalaureate degree programs if it
178 determines a program is warranted and feasible based on each of
179 the factors in paragraph (5)(d). Prior to developing or
180 proposing a new baccalaureate degree program, St. Petersburg
181 College shall engage in need, demand, and impact discussions
182 with the state university in its service district and other
183 local and regional, accredited postsecondary providers in its
184 region. Documentation, data, and other information from inter
185 institutional discussions regarding program need, demand, and
186 impact shall be provided to the college’s board of trustees to
187 inform the program approval process. Employment at St.
188 Petersburg College is governed by the same laws that govern
189 Florida College System institutions, except that upper-division
190 faculty are eligible for continuing contracts upon the
191 completion of the fifth year of teaching. Employee records for
192 all personnel shall be maintained as required by s. 1012.81.
193 (5) The approval process for baccalaureate degree programs
194 shall require:
195 (a) Each Florida College System institution to submit a
196 notice of its intent to propose a baccalaureate degree program
197 to the Division of Florida Colleges at least 100 days before the
198 submission of its proposal under paragraph (d). The notice must
199 include a brief description of the program, the workforce demand
200 and unmet need for graduates of the program to include evidence
201 from entities independent of the institution, the geographic
202 region to be served, and an estimated timeframe for
203 implementation. Notices of intent may be submitted by a Florida
204 College System institution at any time throughout the year. The
205 notice must also include evidence that the Florida College
206 System institution engaged in need, demand, and impact
207 discussions with the state university and other regionally
208 accredited postsecondary education providers in its service
209 district.
210 (b) The Division of Florida Colleges to forward the notice
211 of intent within 10 business days after receiving such notice to
212 the Chancellor of the State University System, the President of
213 the Independent Colleges and Universities of Florida, and the
214 Executive Director of the Commission for Independent Education.
215 State universities shall have 60 days following receipt of the
216 notice by the Chancellor of the State University System to
217 submit objections to the proposed new program or submit an
218 alternative proposal to offer the baccalaureate degree program.
219 If a proposal from a state university is not received within the
220 60-day period, the State Board of Education shall provide
221 regionally accredited private colleges and universities 30 days
222 to submit objections to the proposed new program or submit an
223 alternative proposal. Objections or alternative proposals shall
224 be submitted to the Division of Florida Colleges and must be
225 considered by the State Board of Education in making its
226 decision to approve or deny a Florida College System
227 institution’s proposal.
228 (c) An alternative proposal submitted by a state university
229 or private college or university to adequately address:
230 1. The extent to which the workforce demand and unmet need
231 described in the notice of intent will be met.
232 2. The extent to which students will be able to complete
233 the degree in the geographic region proposed to be served by the
234 Florida College System institution.
235 3. The level of financial commitment of the college or
236 university to the development, implementation, and maintenance
237 of the specified degree program, including timelines.
238 4. The extent to which faculty at both the Florida College
239 System institution and the college or university will
240 collaborate in the development and offering of the curriculum.
241 5. The ability of the Florida College System institution
242 and the college or university to develop and approve the
243 curriculum for the specified degree program within 6 months
244 after an agreement between the Florida College System
245 institution and the college or university is signed.
246 6. The extent to which the student may incur additional
247 costs above what the student would expect to incur if the
248 program were offered by the Florida College System institution.
249 (d) Each proposal submitted by a Florida College System
250 institution to, at a minimum, include:
251 1. A description of the planning process and timeline for
252 implementation.
253 2. An analysis of workforce demand and unmet need for
254 graduates of the program on a district, regional, or statewide
255 basis, as appropriate, including evidence from entities
256 independent of the institution.
257 3. Identification of the facilities, equipment, and library
258 and academic resources that will be used to deliver the program.
259 4. The program cost analysis of creating a new
260 baccalaureate degree when compared to alternative proposals and
261 other program delivery options.
262 5. The program’s admission requirements, academic content,
263 curriculum, faculty credentials, student-to-teacher ratios, and
264 accreditation plan.
265 6. The program’s enrollment projections and funding
266 requirements.
267 7. A plan of action if the program is terminated.
268 (e) The Division of Florida Colleges to review the
269 proposal, notify the Florida College System institution of any
270 deficiencies in writing within 30 days following receipt of the
271 proposal, and provide the Florida College System institution
272 with an opportunity to correct the deficiencies. Within 45 days
273 following receipt of a completed proposal by the Division of
274 Florida Colleges, the Commissioner of Education shall recommend
275 approval or disapproval of the proposal to the State Board of
276 Education. The State Board of Education shall consider such
277 recommendation, the proposal, and any objections or alternative
278 proposals at its next meeting. If the State Board of Education
279 disapproves the Florida College System institution’s proposal,
280 it shall provide the Florida College System institution with
281 written reasons for that determination.
282 (f) The Florida College System institution to obtain from
283 the Commission on Colleges of the Southern Association of
284 Colleges and Schools accreditation as a baccalaureate-degree
285 granting institution if approved by the State Board of Education
286 to offer its first baccalaureate degree program.
287 (g) The Florida College System institution to notify the
288 Commission on Colleges of the Southern Association of Colleges
289 and Schools of subsequent degree programs that are approved by
290 the State Board of Education and to comply with the
291 association’s required substantive change protocols for
292 accreditation purposes.
293 (4)(h) A The Florida College System institution authorized
294 to offer baccalaureate degrees must to annually, and upon
295 request of the State Board of Education, the Commissioner of
296 Education, the Chancellor of the Florida College System, or the
297 Legislature, report its status using the following performance
298 and compliance indicators:
299 (a)1. Obtaining and maintaining appropriate Southern
300 Association of Colleges and Schools accreditation;
301 (b)2. Maintaining qualified faculty and institutional
302 resources;
303 (c)3. Maintaining enrollment in previously approved
304 programs;
305 (d)4. Managing fiscal resources appropriately;
306 (e)5. Complying with the primary mission and responsibility
307 requirements in subsections (1) and (2) and (3); and
308 (f)6. Other indicators of success, including program
309 completions, placements, and surveys of graduates and employers.
310
311 The State Board of Education, upon review of the performance and
312 compliance indicators specified in this subsection, may require
313 a Florida College System institution’s board of trustees to
314 modify or terminate a baccalaureate degree program authorized
315 under this section.
316 (5)(6) The State Board of Education shall adopt rules to
317 administer this section prescribe format and content
318 requirements and submission procedures for notices of intent,
319 proposals, alternative proposals, and compliance reviews under
320 subsection (5).
321 Section 6. Paragraph (d) of subsection (3) of section
322 1009.22, Florida Statutes, is amended to read:
323 1009.22 Workforce education postsecondary student fees.—
324 (3)
325 (d) Beginning with the 2008-2009 fiscal year and in the
326 fall semester of each year thereafter, the rate for the tuition
327 and the out-of-state fee per contact hour shall be increase at
328 the beginning of each fall semester at a rate equal to
329 inflation, unless otherwise provided in the General
330 Appropriations Act. If the rate is not provided in the General
331 Appropriations Act The Office of Economic and Demographic
332 Research shall report the rate of inflation to the President of
333 the Senate, the Speaker of the House of Representatives, the
334 Governor, and the State Board of Education each year prior to
335 March 1. For purposes of this paragraph, the rate of inflation
336 shall be defined as the rate of the 12-month percentage change
337 in the Consumer Price Index for All Urban Consumers, U.S. City
338 Average, All Items, or successor reports as reported by the
339 United States Department of Labor, Bureau of Labor Statistics,
340 or its successor for December of the previous year. In the event
341 the percentage change is negative, the tuition and out-of-state
342 fee must shall remain at the same level as the prior fiscal
343 year.
344 Section 7. Paragraph (b) of subsection (2) and paragraph
345 (c) of subsection (3) of section 1009.23, Florida Statutes, are
346 amended to read:
347 1009.23 Florida College System institution student fees.—
348 (2)
349 (b) Tuition and out-of-state fees for upper-division
350 courses must reflect the fact that the Florida College System
351 institution has a less expensive cost structure than that of a
352 state university. Therefore, the board of trustees shall
353 establish tuition and out-of-state fees for upper-division
354 courses in baccalaureate degree programs approved pursuant to s.
355 1007.33 at the same rate as lower-division courses unless
356 otherwise established by law or consistent with law and proviso
357 language in the General Appropriations Act. However, the board
358 of trustees may vary tuition and out-of-state fees only as
359 provided in subsection (6) and s. 1009.26(11).
360 (3)
361 (c) Beginning with the 2008-2009 fiscal year and in the
362 fall semester of each year thereafter, the rate for the tuition
363 and the out-of-state fee shall be increase at the beginning of
364 each fall semester at a rate equal to inflation, unless
365 otherwise provided in the General Appropriations Act. If the
366 rate is not provided in the General Appropriations Act The
367 Office of Economic and Demographic Research shall report the
368 rate of inflation to the President of the Senate, the Speaker of
369 the House of Representatives, the Governor, and the State Board
370 of Education each year prior to March 1. For purposes of this
371 paragraph, the rate of inflation shall be defined as the rate of
372 the 12-month percentage change in the Consumer Price Index for
373 All Urban Consumers, U.S. City Average, All Items, or successor
374 reports as reported by the United States Department of Labor,
375 Bureau of Labor Statistics, or its successor for December of the
376 previous year. In the event the percentage change is negative,
377 the tuition and the out-of-state fee per credit hour must shall
378 remain at the same levels as the prior fiscal year.
379 Section 8. Paragraph (b) of subsection (4) and paragraph
380 (b) of subsection (16) of section 1009.24, Florida Statutes, are
381 amended to read:
382 1009.24 State university student fees.—
383 (4)
384 (b) Beginning with the 2008-2009 fiscal year and in the
385 fall semester of each year thereafter, the rate for the resident
386 undergraduate tuition per credit hour shall be increase at the
387 beginning of each fall semester at a rate equal to inflation,
388 unless otherwise provided in the General Appropriations Act. If
389 the rate is not provided in the General Appropriations Act The
390 Office of Economic and Demographic Research shall report the
391 rate of inflation to the President of the Senate, the Speaker of
392 the House of Representatives, the Governor, and the Board of
393 Governors each year prior to March 1. For purposes of this
394 paragraph, the rate of inflation shall be defined as the rate of
395 the 12-month percentage change in the Consumer Price Index for
396 All Urban Consumers, U.S. City Average, All Items, or successor
397 reports as reported by the United States Department of Labor,
398 Bureau of Labor Statistics, or its successor for December of the
399 previous year. In the event the percentage change is negative,
400 the resident undergraduate tuition must shall remain at the same
401 level as the prior fiscal year.
402 (16) Each university board of trustees may establish a
403 tuition differential for undergraduate courses upon receipt of
404 approval from the Board of Governors. The tuition differential
405 must shall promote improvements in the quality of undergraduate
406 education and shall provide financial aid to undergraduate
407 students who exhibit financial need.
408 (b) Each tuition differential is subject to the following
409 conditions:
410 1. The tuition differential may be assessed on one or more
411 undergraduate courses or on all undergraduate courses at a state
412 university.
413 2. The tuition differential may vary by course or courses,
414 campus or center location, and by institution. Each university
415 board of trustees shall strive to maintain and increase
416 enrollment in degree programs related to math, science, high
417 technology, and other state or regional high-need fields when
418 establishing tuition differentials by course.
419 3. For each state university that has total research and
420 development expenditures for all fields of at least $100 million
421 per year as reported annually to the National Science
422 Foundation, the aggregate sum of tuition and the tuition
423 differential may not be increased by more than 6 15 percent of
424 the total charged for the aggregate sum of these fees in the
425 preceding fiscal year. For each state university that has total
426 research and development expenditures for all fields of less
427 than $100 million per year as reported annually to the National
428 Science Foundation, the aggregate sum of tuition and the tuition
429 differential may not be increased by more than 6 15 percent of
430 the total charged for the aggregate sum of these fees in the
431 preceding fiscal year.
432 4. The aggregate sum of undergraduate tuition and fees per
433 credit hour, including the tuition differential, may not exceed
434 the national average of undergraduate tuition and fees at 4-year
435 degree-granting public postsecondary educational institutions.
436 5. The tuition differential may shall not be included in
437 any award under the Florida Bright Futures Scholarship Program
438 established pursuant to ss. 1009.53-1009.538.
439 6. Beneficiaries having prepaid tuition contracts pursuant
440 to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
441 which remain in effect, are exempt from the payment of the
442 tuition differential.
443 7. The tuition differential may not be charged to any
444 student who was in attendance at the university before July 1,
445 2007, and who maintains continuous enrollment.
446 8. The tuition differential may be waived by the university
447 for students who meet the eligibility requirements for the
448 Florida public student assistance grant established in s.
449 1009.50.
450 9. Subject to approval by the Board of Governors, the
451 tuition differential authorized pursuant to this subsection may
452 take effect with the 2009 fall term.
453 Section 9. This act shall take effect upon becoming a law
454 and shall apply retroactively to March 31, 2014.
455
456 ================= T I T L E A M E N D M E N T ================
457 And the title is amended as follows:
458 Delete everything before the enacting clause
459 and insert:
460 A bill to be entitled
461 An act relating to postsecondary education; amending
462 s. 1001.03, F.S.; requiring the State Board of
463 Education to review baccalaureate degree programs
464 currently offered by Florida College System
465 institutions, rather than proposed baccalaureate
466 degree programs; amending s. 1001.60, F.S.; revising
467 the purpose of the Florida College System with regard
468 to baccalaureate degrees; conforming provisions to
469 changes made by the act; deleting provisions that
470 authorize a Florida College System institution to
471 change its name; requiring a Florida College System
472 institution authorized to offer a baccalaureate degree
473 before a specified date to maintain an agreement with
474 the State Board of Education; repealing s. 1004.32,
475 F.S., relating to New College of Florida; amending s.
476 1004.65, F.S.; revising a Florida College System
477 institution’s primary responsibilities and secondary
478 role as they relate to providing upper-level
479 instruction and awarding baccalaureate degrees;
480 authorizing a Florida College System institution to
481 provide access to and award baccalaureate degrees for
482 the completion of baccalaureate degree programs that
483 are approved by the State Board of Education on or
484 before a specified date; amending s. 1007.33, F.S.;
485 prohibiting the State Board of Education from
486 approving a Florida College System institution’s
487 proposal to establish a new baccalaureate degree
488 program after a specified date; deleting legislative
489 intent relating to expanding access to baccalaureate
490 degree programs through Florida College System
491 institutions; authorizing a Florida College System
492 institution to offer baccalaureate degree programs
493 that are authorized by law before a specified date;
494 deleting provisions relating to the authorization of
495 the Board of Trustees of St. Petersburg College to
496 establish certain baccalaureate degree programs and
497 associate degree programs; deleting provisions
498 relating to the approval process for proposed
499 baccalaureate degree programs; conforming provisions
500 to changes made by the act; amending s. 1009.22, F.S.;
501 deleting a provision relating to the automatic rate of
502 inflation increase in tuition and out-of-state fee per
503 contact hour for workforce education programs;
504 deleting a requirement that the Office of Economic and
505 Demographic Research annually report the rate of
506 inflation to the Governor, the Legislature, and the
507 State Board of Education; deleting the definition of
508 the term “rate of inflation”; amending s. 1009.23,
509 F.S.; requiring the board of trustees of a Florida
510 College System institution to establish tuition and
511 out-of-state fees for upper-division courses in
512 baccalaureate degree programs at the same rate as
513 lower-division courses; deleting a provision relating
514 to the automatic rate of inflation increase in tuition
515 and out-of-state fees at Florida College System
516 institutions; deleting a requirement that the Office
517 of Economic and Demographic Research annually report
518 the rate of inflation to the Governor, the
519 Legislature, and the State Board of Education;
520 deleting the definition of the term “rate of
521 inflation”; amending s. 1009.24, F.S.; deleting a
522 provision relating to the automatic rate of inflation
523 increase in resident undergraduate tuition per credit
524 hour at state universities; deleting a requirement
525 that the Office of Economic and Demographic Research
526 annually report the rate of inflation to the Governor,
527 the Legislature, and the Board of Governors; deleting
528 the definition of the term “rate of inflation”;
529 revising the annual percentage increase allowed in the
530 aggregate sum of tuition and the tuition differential
531 at state universities; providing for retroactive
532 application; providing an effective date.